Criminalizing medical errors harms doctors and patients in Moldova
Moldova’s lack of a modern medical malpractice framework harms both patients and healthcare workers, according to medical management expert Rodica Rusu-Gramma.
Speaking on public broadcaster Moldova 1, Rusu-Gramma warned that relying on drawn-out civil and criminal trials fails to provide adequate protection or fair compensation.
Systemic delays and legal gaps
A draft malpractice law was developed in 2018, but implementation stalled due to missing infrastructure.
Necessary legal components, including professional liability insurance, damage evaluation scales, and a functional medical board, remain unestablished.
The country also lacks a professional licensing system capable of temporarily suspending practitioners and requiring re-training before they resume work.
Criminalization threatens healthcare capacity
Without alternative administrative mechanisms, law enforcement frequently treats medical errors as criminal offenses.
Rusu-Gramma noted that sending experienced surgeons to prison demoralizes the medical community and exacerbates severe staffing shortages across the country.
A critical issue in public debate remains the confusion between medical malpractice and willful negligence.
While negligence involves a conscious disregard for duty, malpractice involves unintended adverse outcomes or complications inherent to medical practice.
European standards offer a path forward
In most European Union member states, mandatory liability insurance covers malpractice claims without forcing physicians into criminal courts.
Under these systems, independent medical experts assess claims and insurers negotiate payouts directly with affected patients.
Adopting a similar legal framework in Moldova would streamline compensation for patients while reducing reliance on defensive medicine.
Rusu-Gramma emphasized that clinical guidelines serve as recommendations rather than absolute legal mandates, stressing that physicians must retain the professional freedom to make judgment calls during high-risk procedures.
Translation by Iurie Tataru
